Q and A - 19GE5020R0058.pdf

Legal Services US Embassy Dublin, Ireland

Solicitation Number 19GE5020R0058

Questions and Answers

Q1: Can we submit our own branded document providing all material required is included or must we sign and return the prescribed form documents issued?

A1: Yes, in accordance with 52.212-1(b) on page 34.

Q2: We are having some difficulty registering on the SAM website with our current DUNS number. It is saying this number is incorrect and the email address for queries

('SAMHELP@dnb.com') is no longer monitored. Could you direct us to another help site so we can try and rectify this?

A2: The help desk for SAM is the Federal Service Desk (FSD.gov). You may submit a proposal even if your SAM registration is not complete. The complete registration shall be required at time of award. Failure to have successfully registered at the time of award will preclude your proposal from being accepted. This office has no influence on the registration process.

Q3: In terms of Pricing, can you please confirm:

a. that we are to price our work based on an assumed total of 812 hours of direct labour to be performed by us on the deal (as that number of hours is referenced on page 3 of the RfT?) in each of the Base Year, First Option Year and Second

Option Year?

b. that you would like us to provide you with one blended hourly rate to apply to all solicitors and other professional staff working on the deal (irrespective of level of qualification or status in terms of partner/associate/trainee/legal executive etc.)?

c. that we then multiply our (one blended) hourly rate by your prescribed total of 812 hours to result in our “Total Cost” for each of the relevant years (So, for example, if our blended rate was €100 then we would multiply by 812 hours = the full base price for that year would be €81,200?)?

A3: a) Correct

b) this would be the simpler method, from the Government’s perspective, but it is permissible to submit alternate line items (i.e. breakout the labor rate; one for senior partner, one for partner, etc.) if this matches better to your invoicing practices

c) Correct.

Q4: Do you require us to appoint third party suppliers and include that in our overall price (i.e.

by taking this into account in our blended hourly rate to arrive at our Total Cost) or can we include this as a separate line item? Re note on page 10 which states “If the

Contractor does not deem itself capable of verifying existing land surveys in order to deliver the Pre-Purchase Certification, they shall be responsible for whatever additional assistance is needed them to deliver the certification.” And also paragraph 2.8 on page 11 and the obligations at 2.11 on page 12.

A4: The Consulting Services line item (0003) is intended to cover the cost of third-party suppliers. This cost shall not be included in your hourly rate.

Q5: Have you already chosen a property/ development to acquire?

A5: The U.S. Government (USG) has conducted a preliminary search for suitable sites and has identified an initially preferred candidate. However, no further decisions will be made until further due diligence is conducted.

Q6: Is the transaction likely to involve (1) the acquisition of a development site where you will subsequently undertake the build), (2) the acquisition of a development which is in the midst of being completed (where you will contract to acquire that development when completed) or (3) a completed development? Or are you open to any of these options depending on the opportunities which present themselves in the market.

A6: The transaction is expected to involve the acquisition of a site on which the U.S.

Government (USG) will construct a government-owned campus. It is possible the USG will acquire a property with existing buildings and/or uses. The USG, in conjunction with the owner of a selected site, will need to complete some portion of the entitlement and due diligence process prior to closing.

Q7: In Volume 2 – Technical proposal, can you confirm that section b (Provide a chronological listing of the past experience of the law firm as it relates to services pertaining to real estate law.) is a different question to the past performance information and we can include more examples of our work including those that are older than 3 years?

A7: The listing of experience is concerned with “what” you did, whereas the past performance is concerned with “how well you did it”. .

Q8: Can you confirm that we have to send the past performance information questionnaire to five of our clients for work carried out in the last 5 years and then we send those completed questionnaires to you with our tender submission?

A8: Correct.

Q9: On the SF-1449 cover page, please confirm that in block 12, by Discount Terms is meant the basis on which a firm would discount the tendered amount, eg payment within a specific period of time. Please also let us know what information should be included in

Block 17A under Code and Facility Code.

A9: Block 12 can be ignored. Offeror are not expected to provide discount terms.

Q10: On the Schedule of Services, for the Base Year and both Option Years, the quantity of

Legal Services is 812 and the Unit is HR which we assume is hour. For both Other Direct

Costs and Consulting Services, the quantity is 1.00 and the unit is LT. Please explain what LT is and please confirm that the amounts to be included for both of these sections should be the amount per site for those services rather than for a year. As you will appreciate, without knowing how many sites might be involved in any given year, it is not possible to give a definitive amount for these services for a year.

A10: LT is “lot” and can also be understood as a lump sum quantity that individual invoices will be drawn-off of. If the question is asked from the perspective of an offeror providing one blended, hourly rate, then yes, it is the government’s expectation that there will be only one site.

Q11: By reference to the Price Proposal on pages 38 and 39 of the Solicitation Document and for the avoidance of doubt, please confirm that the Schedule of Services in on pages 3 – 6

(not 7) and that the Pricing Summary and the currency of the offer are on page 6 (and not page 8)..

A11: Corrected.

Q12: With regard to the third party professional and consulting services (line items 3, 7 and 11

SF1449), please confirm whether these parties are regarded as subcontractors for whom you require past performance information and completed referee questionnaires

(solicitation document attachments 1 and 2) and, if so:

a. how many references you require for them; and

b. if those references form part of the total of five references that we are to submit with our proposal.

A12: The Government would generally like to see past performance of subcontractors who will perform major or critical aspects of the requirement. Since it is debatable whether the third party professional and consulting services meet this definition, the Government will allow the past performance of these subcontractors to be excluded.

Q13: Please confirm the name and contact details of the Contracting Officer to whom the Past

Performance Questionnaires should be sent directly by the referees. Please also confirm if the referees should include any specific information in the subject matter or body of the cover email when returning the questionnaires directly.

A13: As the contracting specialist is the Contracting Officer’s proxy for this matter, all questionnaires shall be emailed to David Machen at machendd@state.gov

Q14: On page 42 of the Solicitation Document, it states in one section that Technical Capability and Past Performance, when combined, are equal to price and in another section on that page that they are more important than price. Please can you clarify which it is.

A14: Equal to.

Q15: On page 44 of the Solicitation Document, reference is made to a Transition Plan and a

Strategic Plan as part of the evaluation process but there is no reference to either of these

Plans in the requirements in the Technical Proposal. Please confirm that you do not require a Transition Plan or a Strategic Plan as part of the Technical Proposal.

A15: “Transition Plan” should be removed.

Q16: Are only the contract reference numbers referred to in 27(a) incorporated into the contract or are all the contract clauses as set out in Section 2 relevant?

Are all the contract clauses referred to in Section 2 relevant or only those highlighted by

Box 27 on SF1449 on page 1 of 62?

A16: The Federal Acquisition Regulation (FAR) allows for the clauses specified at 27a to be incorporated into the solicitation be reference only. This solicitation does not do so, therefore 52.212-1, 52.212-4, 52.212-3, and 52.212-5 are all included in “full-text”. All clauses and provisions included in the solicitation are relevant. Many clauses and provisions are required to be included by federal regulation, even though they are not necessarily applicable to the context of this contract.

Q17: Is the contract to be priced on the basis of 812 hours work for the base year?

A17: Yes, this is the government’s estimate based on the expect level of effort. This quantity represents a ceiling amount.

Q18: Is it intended that the ceiling price being provided is for each parcel of land that is being investigated? If so, is a separate fee to be provided if (a) the contract is aborted, and USG does not purchase the property and (b) if USG does buy the property?

A18: There is no fee amount included in this solicitation. The Government will pay for services rendered.

Q19: If a legally binding contract is entered into and prior to completion it becomes necessary to sue the Vendor for non-performance will a separate contract be entered into with USG for the litigation services being provided by the Contractor or are such potential costs to be included in the line item?

A19: Such litigation services, as described here, are outside the scope of this contract;

therefore, a separate contract vehicle would need to be accomplished.

Q20: It was mentioned on the telephone call that USG may approach developers. If a developer was sourced and the project proceeds by way of development/joint venture, will a separate contract be entered into with USG and the Contractor in relation to legal services for negotiating a development agreement and related building contract documents or are such costs to be included in the line item?

A20: Any agreement(s) related to the site acquisition will be covered by this contract.

Q21: What does LT mean?

A21: Lot.

Q22: Does the reference to professional/consulting services include Counsel in the event that a legal opinion had to be obtained from Counsel? Do all the types of professionals have to be listed in line item number 002 on page 3? In most incidences it would not be apparent until copy title was furnished by the Vendor’s solicitors whether an expert Counsel’s opinion on an issue would be needed.

A22: Yes. Cost for services that are not included in the hourly rate price shall be included in the professional/consulting services CLIN. Price this using the most likely scenario solution. Of course, if things turn complicated and the level of effort required increases above what was expected initially, a contract modification to increase the ceilings would be in order.

Q23: Reference is made to the requirements of “Task 2” of the Performance Work Statement.

What is “Task 2”?

A23: This shall be removed.

Q24: Reference is made in paragraph 1.1 to Section B (Statement of Work) of the contract.

What is Section B?

A24: This should be Section 2.

Q25: Is the hourly rate for each grade / rank of Lawyer to be provided or just a composite rate?

A25: This choice is left to the offeror. In the case that alternative line items are provided, the offeror shall divide the 812 hours amongst the proposed alternative lines.

Q26: Reference is made to the Contractor being reimbursed for VAT “to the extent Contractor provides documentary proof that VAT has been paid to the host government against a valid VAT registration number”. What documentary proof will be required? VAT is remitted to the Irish Government on an invoice basis rather than a cash receipts basis.

A26: No proof will be required in this instance. This paragraph was written generally for third-country firms who wish to do business with the USG. In many nations, the USG cannot recover VAT from the host government unless the contract is with a company with a firm address in the host nation and/or the company shows proof that the VAT was remitted to the host government.

Q27: There is a footnote at the end of the clause which is not visible in the document. Please furnish the footnote if relevant.

A27: The missing footnotes will be added as endnotes.

Q28: Reference is made to 2(c).5. What is 2(c).5?

A28: This should read 2.2.3.5.

Q29: What is meant by “most recent title commitment”?

A29: A document, if available in the subject market, issued by an insurer that details the risks that will be insured under a title insurance policy and details any defects or other risks that will be excluded from coverage under the policy. In the absence of a publicly available prior title commitment, the selected firm is requested to provide any available prior abstracts of title and a summary of any known prior title disputes or issues.

Q30: Reference is made to “the Schedule”. Is this a reference to the summary on pages 3 to 5 or item 20 on SF1449?

A30: Yes, and Block 20 of SF1449 and pages 3 to 5 are one and the same.

Q31: What is the reference at page 17 (ii)(A) to commercial item at 2.101?

A31: 52.212-4 (e) Definitions on page 15 refers to the FAR clause 52.202-1, which in turn refers to FAR subpart 2.101. The FAR can be found at the following link:

https://acquistion.gov

Q32: At para (ii)(D)(6)(iii) on page 19, what is 33.211?

A32: This refers to FAR subpart 33.211 which can be found at https://acquisition.gov

Q33: 52.212-1(e). Is this clause relevant and are multiple offers permitted?

A33: Yes, they are permitted.

Q34: Are there any SF30s (amendments)? If so, please provide a copy of SF30.

A34: Yes, with the release of amendment 0001.

Q35: Is the reference to Schedule of Services at pages 3 to 7 in fact 3 to 5?

A35: Yes.

Q36: Is the pricing summary referred to on page 8 in fact the summary on page 6?

A36: Yes.